Safrang v. Kijakazi

8 UNITED STATES DISTRICT COURT 9 SOUTHERN DISTRICT OF CALIFORNIA BOZORGMEHR S., Case No.: 22-cv-1946-DEB 12 Plaintiff, ORDER GRANTING APPLICATION v. TO PROCEED IN DISTRICT COURT WITHOUT PREPARYING KILOLO KIJAKAZI, Commissioner of FEES OR COST Social Security, Defendant. DKT. NO. 2 18 Before the Court is Plaintiff Bozorgmehr S.’s Application to Proceed in District Court Without Prepaying Fees or Costs (“Application”). Dkt. No. 2. A court may authorize the commencement of a suit without prepayment of fees if the plaintiff submits an affidavit, including a statement of all assets, showing inability to pay the filing fee. See 28 U.S.C. § 22 1915(a). The affidavit must “state the facts as to [the] affiant’s poverty with some particularity, definiteness and certainty.” United States v. McQuade, 647 F.2d 938, 940 (9th Cir. 1981). An affidavit is sufficient if it shows the applicant cannot pay the fee “and still be able to provide [applicant] and dependents with the necessities of life.” Rowland v. California Men’s Colony, Unit II Men’s Advisory Council, 506 U.S. 194, 203 (1993) (internal quotations omitted).

28 / / 1 Here, Plaintiff's Application states Plaintiff is unemployed and Plaintiff's only ||income is $280.00 per month in food stamps. Dkt. No. 2 at 2. Plaintiff’s assets total $151, ||including cash and checking accounts. Jd. at 2—3. Plaintiff lives with family. Jd. at 4.

4 || Plaintiff's monthly expenses equal Plaintiff's monthly income. /d. at 4, 5.

5 Based on the foregoing, the Court finds Plaintiff has established a lack of financial || resources to pay the filing fee. Accordingly, Plaintiff's Application is GRANTED.

7 IT IS SO ORDERED.

8 Dated: February 8, 2023 — Dok PT 10 Honorable Daniel E. Butcher United States Magistrate Judge